Lawsuit: DOCCS Illegally Restricting Legal Counsel and Communications Amid Strikes

NEW YORK – The New York Civil Liberties Union (NYCLU) filed a lawsuit today against the New York State Department of Corrections and Community Supervision (DOCCS) for restricting incarcerated people’s first amendment rights to access courts and communicate with legal counsel, amid strikes led by correction officers across the state. The lawsuit, filed on behalf of Prisoners’ Legal Services of New York, seeks the restoration of incarcerated people’s rights to communications with their attorneys and access to courts.

“As our state prisons are teetering on disaster, DOCCS’s decision to severely curtail incarcerated people’s access to the courts and counsel only adds fuel to the fire,” said Megan Porter, staff attorney at the New York Civil Liberties Union. “This situation is urgent. Every day that passes without counsel is a day that people are being denied their fundamental right to hold their jailers accountable for not receiving necessities like medication and adequate nutrition while being separated from their loved ones, home, and livelihood. DOCCS is not above the law and must fully restore people’s access to the courts and counsel immediately.”

Corrections officers began a series of unsanctioned strikes on February 17, which have spread to almost all of DOCCS’s 42 facilities, prompting Governor Hochul to deploy the National Guard. The strikes have severely disrupted access to medical care, legal services, and daily necessities for the incarcerated population, with reports suggesting some individuals have not received essential medications such as insulin and blood pressure medication. On February 20, consistent with one of the officers’ demands, DOCCS suspended parts of the HALT Act, the law which restricts the use of solitary confinement in state prisons. On February 27, Hochul announced a tentative agreement to end the strikes, which includes extending the suspension of parts of the HALT Act and correction officers returning to work. Despite the agreement, a large number of officers continue to remain on strike. Seven men have died while incarcerated at DOCCS facilities since the strikes began, including one after being reportedly brutally beaten by correction officers.

The strikes and the resulting worsening prison conditions come as DOCCS is under renewed scrutiny after the murder of Robert Brooks at the hands of DOCCS corrections officers. His murder has prompted calls for legislative reforms to provide greater accountability for staff abuse and independent oversight of state prisons.

“By restricting incarcerated people’s ability to communicate with their attorneys, DOCCS is undermining the essential right to access justice and due process,” said Karen L. Murtagh, executive director of Prisoners’ Legal Services of New York. “The little information we were able to collect from people behind bars and their loved ones depicts horrific prison conditions that have only been worsened by the strikes. Access to justice is a fundamental principle of the rule of law, and incarcerated people should be no exception. We urge DOCCS to restore this right without delay.”

For years, impacted people, advocates and experts have raised the alarm about DOCCS’s culture of violence and lack of accountability for staff misconduct. This includes DOCCS’s unconstitutional abuse of solitary confinement, sexual abuse of people in custody, and the systemic mistreatment of people with disabilities.

NYCLU counsel on this case includes supervising attorney Perry Grossman, interim legal director Molly Biklen, attorneys JP Perry, Ify Chikezie and Megan Porter, and paralegal Zawareen Zakaria.

You can find case materials here: http://nyclu.org/court-cases/prisoners-legal-services-of-new-york-v-martuscello